Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:67240 Court No. - 69 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 3100 of 2025 Applicant :- Samod Kumar Opposite Party :- State of U.P. and Another Counsel for Applicant :- Upendra Upadhyay Counsel for Opposite Party :- G.A.,Ravi Prakash Singh Hon'ble Vivek Varma,J.
1. Heard learned counsel for the applicant, Sri V.P. Tripathi, learned AGA for the State- opposite party, and Sri Ravi Prakash Singh, learned counsel for the informant, and perused the material available on record. 2. This application has been filed seeking anticipatory bail in Case Crime No. 168 of 2024, under Sections 452, 394, 342, 506 I.P.C., Police Station Rahra, District Amroha. 3. Learned counsel for the applicant submits that the applicant has been falsely implicated in the instant case. In the alleged incident no person received any injury. No injury report is available in the case diary. The allegation of robbing mobile phone of the son of the informant has been made only to give colour to the prosecution case. After investigation final report in favour of the applicant was submitted. Thereafter the informant filed a protest petition. The police report was rejected and the applicant has been summoned by the court concerned. It is contended that the applicant had cooperated in the investigation. No custodial interrogation is required. The applicant has no criminal antecedents. The applicant has apprehension of his arrest in the above mentioned case. 4. Learned A.G.A. and learned counsel for the informant opposed the prayer for anticipatory bail but could not satisfactorily dispute the aforesaid submissions from the record. 5. Having regard to the submissions made by learned counsel for the applicant, considering the nature of accusations and antecedents of the applicant and, in particular, the fact that in the alleged incident no person received any injury; no injury report is available in the case diary; the applicant had cooperated in the investigation; and, no custodial interrogation is required, without
commenting on merits of the case, I am of the opinion that the applicant is entitled to be enlarged on anticipatory bail. 6. In the event of arrest, the applicant- Samod Kumar, involved in the aforesaid case crime, be released on anticipatory bail during pendency of trial, on furnishing a personal bond of Rs.
50,000/- with two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:- (i) The applicant shall make himself available on each and every date fixed in the matter by the court concerned; (ii) The applicant shall not directly or indirectly, make any inducement, threat or promise to any person acquainted with the
facts of the case so as to dissuade from disclosing such facts to the Court; (iii) The applicant shall not leave India without the previous permission of the Court and if he has passport, the same shall be deposited by him before the concerned court.
7. Further, in default of any of the conditions, the court concerned is at liberty to pass appropriate orders for enforcing and compelling the same.
8. The application stands disposed of.
Order Date :- 30.4.2025 SKT/- Digitally signed by :- SHIVA KANT TIWARI High Court of Judicature at Allahabad